FCA Alert

FCA Alert

Tag Archives: false certification

Seventh Circuit Dismisses “Worthless Services” Action

Posted in Decisions Interpreting FCA Elements, Relator Issues
On August 20, 2014, the Seventh Circuit vacated a judgment against Momence Meadows Nursing Center in an anticipated decision that may limit the scope of “worthless services” liability under the False Claims Act.  In U.S. ex rel. Absher et al. v. Momence Meadows Nursing Center, Inc. et al., two former employees of Momence filed a… Continue Reading

The Government’s False Claims Act Complaint Against Deutsche Bank: FCA Claims And Program Certifications

Posted in Articles
On May 3, 2011, Manhattan U.S. Attorney Preet Bharara filed a billion dollar False Claims Act lawsuit against Deutsche Bank and its subsidiary MortgageIT for alleged mortgage fraud during last decade’s housing bubble. The action, captioned United States v. Deutsche Bank AG and MortgageIT, Inc., 11 Civ. 2978, was filed in the Southern District of… Continue Reading

Georgia District Court Dismisses FCA Claim Based On A Theory Of Promissory Fraud

Posted in Articles
After being fired as its CEO, Angela Parato filed a False Claims Act action against her former employer, Unadilla Health Care Center, Inc. (UnaHealth). Parato alleged, among other things, that UnaHealth, a Federally Qualified Health Center, made false certifications in its applications for grants under Section 330 of the Public Health Service Act to the… Continue Reading

District of Massachusetts Court Allows FCA Action Premised on Violations of Anti-Kickback Statute to Continue

Posted in Decisions Interpreting FCA Elements
Two relators, Bernard Lisitza and David Kammerer, filed separate False Claims Act qui tam actions against Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Johnson & Johnson Health Care System (collectively, “J & J”).  The relators allege that J & J “unlawfully induced Omnicare, the nation’s largest supplier of pharmaceutical drugs to nursing homes, to promote… Continue Reading

Quality Of Care Cases Under The False Claims Act: Pointers For The Defense (Part I Of III)

Posted in Articles, Decisions Interpreting FCA Elements, Relator Issues, Rule 9(b) Decisions
Last month, a court in the Northern District of New York dismissed a qui tam action against a dialysis treatment center based on alleged quality of care issues. See United States ex rel. Blundell v. Dialysis Clinic, Inc., No. 5:09-cv-00710 (N.D.N.Y. Jan. 19, 2011). In the Dialysis Clinic case, the relator, a nurse who had… Continue Reading

Virginia District Court Dimisses FCA Case Against Student Lending Companies

Posted in Rule 9(b) Decisions
On January 12, 2011, a district court in the Eastern District of Virginia dismissed a qui tam action which involved claims that a private commercial lender authorized to make post-secondary education loans pursuant to the Federal Family Education Loan Program violated the False Claims Act. In United States ex rel. Jones v. Collegiate Funding Services,… Continue Reading